AussieNemesis

Wow, so its been 11 years to get my greencard, more money than I care to think of, 3 AWA denials, and a partridge in a pear tree.

Those questions are for the non-USC being petitioned. You should be fine. However, anytime someone is pulled over for DUI and drug possession in a relationship, I would have to think twice.

You are not correct. The arrest history of the USC can also be relevant. Perhaps you should check the information you are giving to people.

Lillyandkip - I am not sure if it would affect your petition. As you were approved before this incident, I don't know if they ever recheck the info.

I wish you all the success in the world, and please keep us posted on your progress.

It varies widely, think years not months.

It is not impossible though even for a sex offender. It depends a lot on the circumstances. You would be best served by finding a good experienced AWA immigration attorney. Be prepared to demonstrate a lot of things with documented evidence of original charges, any jail or prison time served, psychological assessments and proof of rehabilitation.

Good Luck !

Thank You both

Because of hurdles in the USA mainly Adam Walsh Act we're considering applying to get my husband Residency in Australia instead. We think the road blocks here are more severe than trying to get him a Spouse Visa to live there with me, under compassionate grounds as I have elderly parents in Australia and would go back to care for them.

Does anyone know of any Australian Migration forums like this one they would recommend?

Thanks in Advance

Be prepared for a roller coaster ride.

You need to look for an attorney specialising in AWA cases to file your application as doing it alone with this type of problem would be unwise in my opinion.

After 2 years of trying to AOS as I am married to my US citizen husband we have just had our first denial, and are waiting to decide whether to appeal or refile another I130 with more evidence.

Even if you have no children and don't intend to have children together that is not enough to dismiss the provisions of the AWA.

As a guide you'll need character references for the USC stating people know of his conviction and have no problems with him being around their families, you'll need a current psych report stating he is no risk to you, no evidence of recidivism, you'll need transcripts of court documents from first conviction, parole and probation reports .. And probably even more stuff I've forgotten right now. I don't know how the current charges may impact your case.

If you investigate the australia angle and get info indicating its easier to get your husband to go there than for you to stay here, please send me a private message, as we're trying to decide here how long to pursue American residency for me, and whether Australian residency for him is a better option.

Good luck !

Shame that the same rule doesn't apply to people with AWA issues ... The fact we are both adults and know that people can change from their past doesn't make a difference for immigration, but obviously if I had been born here I could marry whoever I like with no oversight or objections....

Not impressed.

we live in KY and had to get married in TN because they said "it's against the federal law to get married without SS card" . so we had to go to a different state. they gave us no problems.

When was that? I got married here in KY with no SS number - My only ID was foreign passport and foreign birth certificates etc...

I married early last year.

I always thought the term 'septic tank' for Yank was just a form of Cockney rhyming slang. ...

I still don't get the syrup with sausage or Bacon thing...

I like black pepper on my bacon LOL ... must be a non USA habit.

So far I followed the process i was given by Kynect - go to the office and appeal there ... then we will see what comes of that.

According to the letter today I am not eligible due to not meeting immigration rules for the program

but when I look up the state code they quote as evidence of this it says

Section 2. Eligibility Standards to Enroll in a Qualified Health Plan. (1) An applicant shall be eligible to enroll in a QHP through the KHBE if the applicant:

(a) 1. Is a citizen or national of the United States;

2. Is a non-citizen who is lawfully present in the United States and is reasonably expected to become a citizen or national;

So far as I can tell LOL I think I fall into that category.

I can't even get into my states insurance exchange site now to see what the plans on offer were... LOL

If it is the same as the ordinary bronze for the insurance company I am looking at it will still help. Anything is better than none in my opinion.

I got the insurance denial letter today confirming the denial is due to not meeting immigration rules for the program ....

Well I am so grateful for the input ..

Boiler is right that I didn't mean free as in entitlement, I meant it would work out to be free or close to it with the tax credit.

On monday I have to go see the helpful ( ! ) staff at the local food stamp and etc services office and show them all my paperwork and perhaps they will see that I do fit their categories after all. This is on the advice of the lady at Kynect who feels sure I SHOULD get the tax credit things.

I am sorry I seem so vague on this, I still don't have my head round the USA health care machine.

As I need several medications each month anything that can help with pharmacy and general practitioner costs alone would be of help.

My husband won't be applying as he'd lose his VA cover if he did.

It's definitely due to immigration status. On income the insurance would be free.

I am in limbo I think, not yet a permanent resident as a decision has not been made on my AOS from tourist Visa Waiver to Immigrant through marriage to citizen.

And I think there is still a long road to travel to get the approval. See my time line below ...

Hmm update

KYnect says I am not eligible so I had printed that webpage for them and they are apparently going to appeal the decision that said I was not eligible.

Weirder and weirder.

Thank you

That page states that the EAD card is acceptable so I'm printing it and taking it with us to the appointment today

Trust me when I say rural Kentucky doesn't always know the rules no matter who they are representing.... and that most of the people round here hate Obamacare in principle. That's why I asked here instead of relying on local info.

I appreciate the time you took to find that link for me !

hugz

I am in the middle of AOS'ing from tourist to resident through marriage.

My husband is the US Citizen and has no need for insurance he is covered by the VA.

I have EAD, and Social Security number no Greencard yet.

Am I eligible for this Obamacare with reduced cost premiums as I work here (earning below the minimum wage) and pay taxes .... ?? The lady I saw about it in Kentucky today had no idea ! ! and told us to come back tomorrow and she'd try to find out ?

I have tried google and tried the state health care exchange sites and I can't figure it out.

Can anyone clarify for me please?

thanks

Well I got my EAD/AP renewed without problems

We're about to lodge all the evidence for a waiver request for the AWA

The attorney has come through well, and is working closely with others in her firm who have AWA experience, so all we can do now is pray and hope. The Psychiatric assessment appears to have gone well and we hope it carries a lot of weight on this matter.

We have documents, parole and probation reports, Character references, a community reference from the mayor, and the Psych reports - and everything we could obtain that the attorney requested.

If anyone reading this can spare us a prayer it would be appreciated.

*edit*

The good news is that I have found a great job as a graphic designer for 30 hours a week as well as a 7 hour a week part time job as a carer for a disabled friend ... That helps to pay for this immigration stuff at least lol

Thanks CanTex

Mailed off paperwork to the attorney today for renewal

Hoping they let it thru easily, as I may need the AP sooner not later, my Dad is sick and in hospital in Australia so I might have to go back at some point soon...

Once we respond to the NOID and request the waiver, is there any particular timeframe in which to expect an answer from the USCIS ?

or is that the point at which a loooooooong wait comes into things as I read in these forums that they have almost halted processing AWA waivers.